Policarpo v. April Corp.

Background

Plaintiffs Raul Policarpo and Natalio Ceballos brought this action against April Corp., doing business as Terra Market, Blanca Gonzalez, and John Does #1-10. On March 6, 2023, the parties told the court that they had reached a settlement. Because the case required court review of the settlement, the parties represented that they would file a motion seeking approval by March 28, 2023. The court refers to that filing as a “Cheeks Motion,” citing Cheeks v. Freeport Pancake House, Inc.

The court had previously stated that the settlement-approval deadline did not change the existing deadline to complete discovery, which remained April 21, 2023. When the parties did not file the Cheeks Motion by March 28, the court extended the deadline to April 7 and instructed them to request a reasonable further extension if they were not ready. The parties filed neither the Cheeks Motion nor an extension request, and the docket remained silent.

Court’s Action

The court granted another extension of time, using the phrase “nunc pro tunc,” until April 19, 2023. By that date, the parties were required to file either the Cheeks Motion or an update on the status of discovery.

The court warned that continued failure to comply with court orders could result in sanctions, including monetary sanctions against the parties and their counsel. The order did not impose sanctions, decide whether to approve the settlement, or change the April 21 discovery-completion deadline.

Disposition and Classification

The court granted an extension of time and ordered an alternative filing by April 19, 2023. This is a procedural order because it addressed deadlines, settlement-approval procedures, and discovery status rather than deciding the underlying claims.